What should be the response if a woman accuses a man of sexual assault and there is no proof or evidence of physical harm?

[Kelley1]

The man should be arrested, handcuffed, questioned, and charged with the crime of sexual assault

Greater weight should be given to the woman's statement, the man should be arrested but not charged, and the woman should be awarded damages in a civil lawsuit.

Equal weight should be given to the statements of the man and the woman. The police should investigate without making an arrest..

Greater weight should be given to the man. The police should take the woman's statement and file a report. The man should be awarded damages in a civil lawsuit for false accusations.

[Chazmatazz269]

An investigation should always be conducted upon allegations. If no evidence supporting the claim is found, which is actually extraordinarily rare when a victim submits to the full battery of tests involved in a thorough SA examination, then no charges should be filed. If the accused was treated like a criminal in the absence of evidence, that’s on the justice system. If it becomes clear that the woman fabricated the accusation, she should be charged with a felony that would warrant the same term in prison as a conviction for the crime she alleged. Additionally, she and any law enforcement agencies that persecuted the accused should pay restitution and possibly lose their jobs, depending upon how severe their unfair treatment of the actual victim was. Most states have laws making filing a false complaint a misdemeanor. Most states also refuse to enforce their laws because of feminist propaganda suggesting that real victims won’t report if they see actual criminals being prosecuted for false accusations. There’s literally never been a shred of evidence to support that nonsense. Even if they did enforce the laws meaningfully, a misdemeanor is an appearance and some fines. It’s not even the kind of offense that can be compounded to felony for repeat offenders. So a woman could literally put hundreds of men in jail and/or ruin their lived for sh*ts and giggles and never face meaningful consequences. When being acquitted has harsher consequences than actually committing a crime, the justice system is corrupt. Our justice system is nothing if it’s not corrupt.

[Kelley1]

If a woman knows she will be subjected to 4 hours of hard questioning and a battery of tests, I agree that if she files the report, she is probably telling the truth. That is not the same as assuming she is telling the truth, being treated with sympathy, and kid-glove questions, and no invasive testing.

[Speaking_Frankly]

The accused is presumed innocent until proven guilty. If there is no evidence, the police has to investigate and conclude there is no evidence first.
Whether the man should be awarded damages depends on proving the accuser's intent to pervert the course of justice and to defame him.

For those of you voting that the man should be arrested and charged without evidence, would you have the courage of your convictions to say the same should happen to a woman accused of committing SA on a man?

[Kelley1]

The problem is that for the last 30+ years, media, movies, and TV programs have led the public to believe all men are predators, violent, and potential rapist. Therefore, if the man is arrested, no charges are filed, and he is released with no further action, if people learn about the arrest, he will be expelled from college, often dismissed from his job, and people he knows will ask, "Did you do it?"

[PretzelBeanie]

I think the process where I live is that, if someone is accused of a crime, then they may be arrested and detained for a certain period of time to give police time to find evidence. I think it is usually 24-48 hours. Then, if the police find no evidence, they should release the accused.

After that point, even if the accuser presses charges, the police should not arrest the person again unless they find enough evidence to justify an arrest warrant.

The accused may be ordered to appear in court for a trial, but if there is no evidence, it is unlikely they would be found guilty. It would still be smart to get a lawyer though, especially if the accuser hires one. And if they can afford it, they should be able to sue the accuser for falsely accusing them, and if they settle or win that case they should get some payment from the accuser for their lost time and for the emotional distress of the situation.

[Kelly6]

@Kelley1 equal weight , always investigate

[Kelley1]

If we don't believe women never lie about sexual abuse, some guilty men will not be punished. If we believe women never lie about sexual abuse, some innocent men will be punished.

[Kelly6]

@Kelley1
Exactly, that’s why always investigate first

[HighValue]

If I am a juror, I will vote not guilty for the man every time unless there is actual video evidence of the accusation. Women lie a lot. The majority of accusations by women are false. Many men have experienced false accusations, they just often don't talk about it because if any accusation is mentioned, the majority of people think the man is automatically guilty.

I think women deserve prison time equal to the maximum amount of time the man could have got for a false accusation. There should also be a false accuser registry so the court and jury will be made aware of their lies for any future accusations too. There should be financial penalties and reimbursements too, covering his court fees, and also covering however long he is without the same level of employment he had before the accusation.

[Kelley1]

Someone like you might be on one jury in twenty. In front of juries, women will give Oscar-winning type performances. Normally, she may be a slut and dress in skimpy clothes, but in front of the jury, she will dress conservatively, hair pulled back, looking young and vulnerable, the perfect victim. She will burst into tears at the appropriate times with her tearful testimony. Facts don't matter because her performance will convince the jury.

[dustybiker2]

There has to be proof of crime.
There was a woman who was repeatedly assaulted by her husband. To the point she died. She had placed a hidden camera in the room and he found it and destroyed the recording. The show said he almost walked away scott free until the police noticed a wall calendar folded behind the bed. Every time she was beaten she wrote beaten and the time in the day. It was enough to put him away for good.

[Kelley1]

There is no perfect action. If women are not believed, some guilty men will go free. If women are believed, innocent men falsely accused will go to prison. If only one woman in 100 lies, it is better that one innocent man goes to prison than that 99 guilty men go free. If 50 out of a hundred women lie, it is better that 50 guilty men go free than 50 innocent men go to prison.

[dustybiker2]

They call it human interpretation of the law. A case can win or lose depending on the beliefs of the judge or jury.

[Kelley1]

We know who the jury will believe. She dressed conservatively, hair pulled back, looking young and vulnerable, the perfect victim.
The prosecutor painted me as a predator who had groomed her over time, then sexually assaulted her when she finally rejected me. She burst into tears at the appropriate times. Her tearful testimony was rehearsed. She stumbled a few times when pressed on the inconsistencies in her story, but quickly recovered, claiming she'd been traumatized and confused about some details.

[dustybiker2]

Juries do like emotion. If you suppress yours for the professional setting it will shoot you in the foot. If you've been damaged show the damage when in court.

[Bricealan]

@Kelley1 Difficult question, for the reasons you pointed out below. I hesitate to take sides, but for the fact, when I was 28 a much younger 'virgin' told about the company that I raped her... I could/should have brought a formal complaint through personnel and perhaps an attorney -- however, nothing ever came of her complaint.

"If we don't believe women never lie about sexual abuse, some guilty men will not be punished. If we believe women never lie about sexual abuse, some innocent men will be punished".

[RavVid]

None of the options. Rape/sexual assault is a criminal offence and the usual standards should apply as it does with all other offences.

The second last is closest to what it ought to be. Without making an arrest? What is the point of the police investigating if an arrest is not a possibility. I would have picked that response if not for that rider.

[Kelley1]

Investigate before making an arrest.

[RavVid]

Investigate and make an arrest if justified would be my preference.

[Avicenna]

Nothing. It sounds like the accusation has been investigated, and that there’s no evidence as a result. That means the man should of course not be charged, but it’s also not proven that it’s a false allegation, so the accuser can’t be charged either. There’s also the issue as to whether a tort has been committed, but that’s a question under civil law, rather than criminal.

[msc545]

Well, he should probably be let out of jail so he can go home and get decent clothes to wear to the court hearing where he will be falsely charged and convicted.

[Kelley1]

Change convicted to expelled, and that is how it is in colleges

[msc545]

Yep, that is a good point and absolutely true. Oddly enough, I think that may change for the better with Trump in office although I've not heard much about it lately.

[sirderpsalot123]

Nothing. The case was nvestigated, no evidence found of sexual assault or any false accusation being made, the case should be dropped and nothing should happen to the man or woman.

[Dargil]

She would eventually be penalized for filing a false police report. If it is a false rape accusation, she should be charged with aggravated felony and do time. He should be awarded her remaining assets. That will stop this shit.

[genericname85]

generally speaking in order to dismiss a claim you need to match the quality of evidence for that claim. so if there's no evidence for the claim that someone raped her, you don't need evidence to dismiss that claim. that's how i see it.

[dray995]

She should be arrested for filing a false report and thrown in jail, while also being publicly humiliated for it to the same extent as the guy who was falsely reported for it was.

[Surely]

Equal weight. But don’t smear the man’s name all over the news. Until proven guilty! Or put the woman’s name on the news if found she lied!

[Jackblue]

There is a lot more to it than that, does he have an alibi, is there physical evidence of the two having sex?

[Finchie40]

Innocent until proven guilty

[es20490446e]

There shall be some evidence for the arrest.

[jazzy34]

Polygraph test.

[Kelley1]

Totally worthless.

[jazzy34]

Explain.

[Kelley1]

Someone ran a test a few years ago. A company hired a polygraph company to determine which of 6 people was the thief. They said there are indications that it was person B, but the evidence is not conclusive, and the thief might be one of the other five. Nothing was stolen, there was no thief. The polygraph company said the thief was person B.

[Bklynbadboy12]

Innocent until proven empty

[Dongie]

The last one.